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BATT v. CITY AND COUNTY OF SAN FRANCISCO

No. A123253.

184 Cal.App.4th 163 (2010)

ANGEL BATT, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent.

Court of Appeals of California, First District, Division Two.

April 28, 2010.

Attorney(s) appearing for the Case

Berding & Weil, Daniel L. Rottinghaus, Fredrick A. Hagen; and Paul G. Kerkorian for Plaintiff and Appellant.

Dennis J. Herrera, City Attorney, Julie Van Nostern, Chief Tax Attorney, and Peter J. Keith, Deputy City Attorney, for Defendant and Respondent.

OPINION

RICHMAN, J.—

In Batt v. City and County of San Francisco (2007) 155 Cal.App.4th 65 [65 Cal.Rptr.3d 716], we held that an individual could not maintain a class action for refund of a municipal tax absent statutory authorization. Unquestioned in our decision was the right of that individual to prosecute the action on her own behalf...

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